University of Minnesota Extension Service
Worker
safety in agriculture in Minnesota is governed by few regulations
compared with many other large industries, according to a
farm safety and health specialist with the University of Minnesota's
Extension Service. John Shutske says the two exceptions are
the regulations that pertain to restricted use pesticides
and those that employers of migrant and seasonal agricultural
workers must follow.
"Since
the majority of farmers in Minnesota use some type of crop
protection product on their land, there is good awareness
about pesticide safety practices," says Shutske. "Most producers
are keenly aware of the state and federal regulations for
pesticide use. However, there is a lack of information about
the basic regulations that have been put into place to protect
the health and safety rights of the state's estimated 20,000
migrant farmworkers and their families. Often, workers themselves
are not aware of their rights under these regulations."
Federal
Department of Labor standards that have been around for more
than 20 years state every worker in the U.S. has the basic
right to work in an environment that is free of recognized
hazards likely to cause serious injury or death. Minnesota
state law also requires that all businesses, including farms
with employees, have a written safety program in place. This
program must specify the measures farm employers will take
to prevent worker injuries and health problems, including
proper training and hazard identification.
"If
an OSHA inspector visits a farm or other agricultural workplace
that employs migrant workers, this written safety plan is
likely to be the first thing they will ask to see," says Shutske.
He adds that the two standards most often cited by OSHA inspectors
are the ones that cover housing conditions in temporary migrant
worker labor camps and the field sanitation standard. The
field sanitation regulation specifies that workers must be
provided with toilet and washing facilities in the fields
they are working. A review of OSHA's federal database shows
that there were 275 citations issued in the U.S. in 1995 when
these two standards were violated by employers of migrant
workers.
Migrant
and seasonal farmworkers also have specific rights granted
in the "Migrant and Seasonal Agricultural Worker Protection
Act" through the Labor Department. The act specifies that
all labor contractors or "crew leaders" be registered by the
U.S. Department of Labor. The act also specifies that workers
have the following rights:
* To receive accurate information in their language about
wages and working conditions before beginning work. * To have
farm labor contractors show proof of their registration at
the time workers are recruited. * To be paid agreed-upon wages
when due (at least minimum wage).
* To receive itemized, written statements of earnings and
deductions for each pay period.
* To purchase goods such as household supplies and food from
sources of their choice.
* To be transported in vehicles that are properly insured
and operated by licensed drivers, and that meet federal and
state safety standards.
* For migrant farmworkers who are provided housing:
- To
be housed in a property that meets federal and state safety
and health standards.
- To
have the housing information (including cost, if any) presented
to them at the time of recruitment. For more information
about complying with various safety and health standards,
contact the Minnesota Department of Labor and Industry at
(612) 296-2116. Additional information, including posters
and other publications describing the Agricultural Worker
Protection Act, is available from the U.S. Department of
Labor's Wage and Hour Division at (612) 370-3371.
Disclaimer
and Reproduction Information: Information in NASD does not represent
NIOSH policy. Information included in NASD appears by permission
of the author and/or copyright holder. More
NASD Review: 04/2002
# # # Web,DTN,V4MN,V5MN,A4,E4 NAGR5337 Source: John Shutske,
(612) 626-1250; shutske@gaia.bae.umn.edu
Editor: Joseph Kurtz, EDS, (612) 625-3168, pkurtz@mes.umn.edu
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